T f C nt nt. Ta ble of Contents continued on the next Pa ge. Rev Wh a T is a No Ta r y Pu b l ic? 1. Q a ca 1 App ca 2 R wa 4

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4 T f C nt nt Wh a T is a No Ta r y Pu b l ic? 1 a PPl ica Tio N a Nd r e Ne Wa l Pr o Ce ss 1 Q a ca 1 App ca 2 R wa 4 Ch An g e s in Pe Rso n Al in f o RmAt io n 4 C a n a 4 C ng f a 5 a k n N t W l o t f st t 5 C ng n C nt 5 No Ta r y su PPl ie s 6 s a o c 6 f ac s a r 7 n ar R r r J r a 7 Po We r s a Nd d u Tie s 8 No Ta r ia l a CTs 8 o t 8 Ac w d 9 A da 10 D p 10 P c p 11 n ar P c 12 n ar a Ac r a C rp ra 12 Fe e s 13 Pe Na l Ty/ r e vo CaTio N: 13 e RRo Rs t o Avo id As A n o t ARy Pu b l ic 14 m a w Ac w d s a 14 l ng t t N t l ng g 15 Ta ble of Contents continued on the next Pa ge. Rev

5 e l ectr o NiC No Ta r izatio Ns 17 W a a c r c ar p c? 18 W a c r c ar za? 18 W N t? 18 h w d Ar a a? 18 t r a d r wa 18 r f t n ng q 19 T n t j n 19 n ar za 19 W a pr c r c r c ar za 19 n ar a c r ca r q r d 19 v r ca d r q r d 20 C n g f nf m t n 20 g l o ssary o f e l ect Ro n ic n o t ARy t e Rms 20 ARk An sas n o t ARy l AW App a d c C a r d c C a p r a r a P w r a d a r r a Ad r a a Ac w d a d a ca s a r s a e xp r a da c P r r a c d r c r p r a Ad ac w d d r u aw ac P a D a r r ca ar p c c n c r ca App a R a d r a D u ac a r a d a a r z d f r q r d e xp ra a d r a D ar p c f r c a d c n ar p c. 31 u se o F No Ta r io Pu b l ico D Pr d ac a d pr ac c n c r q r d e xc p e r c. 32

6 W a a n ar P c? A notary public acts as an of icial and unbiased witness to the identity of a person who appears before the notary. This person may be taking an oath, giving written testimony, or acknowledging his/ her signature on a legal document. Identity is critical. The notary must be certain that the person appearing before him/ her is who that person claims to be. Personal appearance before the notary is required. A notary cannot notarize a document by video or remotely. A notary public cannot notarize his/ her own signature, or a document to which the notary is party, or a document from which the notary would gain direct or indirect inancial bene it. A notary is authorized by law to perform certain notarial acts. Each notarial act has legal signi icance and affects the legal rights of others. Ap p ca a d R wa Pr c Q a ca Under Arkansas law, a notary public is appointed and commissioned by the Secretary of State. Each applicant must complete an application stating: 1. The applicant is a legal resident of Arkansas, or a legal resident of an adjoining state and employed in Arkansas. 2. The applicant is a United States citizen or a permanent resident alien. (Include a copy of a recorded Declaration of Domicile.) 3. The applicant is at least eighteen (18) years old. 4. The applicant is able to read and write English. 5. A prior notary commission has not been revoked in the past ten (10) years. 6. The applicant has not been convicted of a felony. 7. The applicant s residential address, or if the applicant lives in an adjoining state but works in Arkansas, list both the business and residential address. 8. The applicant has reviewed the law concerning notaries public and understands the duties of a notary public. 1

7 App ca s p 1: Obtain Surety Bond A surety bond in the amount of $7,500 is required. You must purchase either a surety bond executed by a surety insurer authorized to do business in the state of Arkansas or a surety contract from a general business Arkansas corporation which has registered with the Arkansas Insurance Department and otherwise complied with all requirements under Arkansas law. List your name on your surety bond as you want it to appear on your of icial seal of of ice. o Note: Use a name you are comfortable with; if you don t commonly sign your middle name or middle initial, don t put it on your bond application. s p 2: Complete the Secretary of State Application The application for notary public is accessible through a web portal found on the Secretary of State s Business and Commercial Services Division website at c..ar a a.. Print and sign your name on the application exactly as it is printed and signed on your surety bond. Your residential address must be listed to establish eligibility. If you are an Arkansas resident, your county of commission is the county where you reside. If you live in an adjoining state that borders Arkansas, you must list your residential address in the other state AND your employer s street address in Arkansas to establish eligibility. Make sure to designate on the application that you meet all requirements listed by checking the appropriate boxes. Have the application notarized by a notary in good standing in the State of Arkansas. s p 3: Submit your Application Return your completed application with your original signature, copy of the surety bond and $20 application fee to the Secretary of State s Of ice. This may be submitted by mail or in person. 2

8 a : Arkansas Secretary of State Business & Commercial Services Division 1401 W. Capitol Avenue, Suite 250 Little Rock, AR s p 4: Certi icate of Commission and Oath of Of ice If your application is approved, you will be issued three (3) certi icates of commission. Review the certi icates of commission for accuracy: o Name spelled correctly; o Commission number issued; o Proper county of commission; o Commission expiration date is ten (10) years past application date. Note: Contact the Secretary of State s Of ice immediately if any of the printed information is incorrect. s p 5: County s recorder of deeds. Take all three (3) certi icates to the recorder of deeds in your county of commission. In most cases, it is the circuit clerk and occasionally it may be the county clerk. The notary public will sign all three (3) certi icates of commission in the presence of the clerk, of icially swearing and af irming that you will faithfully perform your duties as a notary public. The clerk will also sign all certi icates. The circuit clerk will file one (1) certi icate of commission and your original bond in his or her of ice and return two (2) to you. There will be a separate fee paid to the county for this iling. s p 6: Secretary of State Return one (1) of the completed certi icates, by mail or in person, to the Secretary of State s Of ice within thirty (30) days of the date the commission was authorized. After you return one (1) of the completed certi icates, you will receive your notary public identi ication card. 3

9 s p 7: Seal of Of ice After you receive your notary identi ication card, you may purchase your of icial seal of of ice. (See page 6 for notary seal requirements.) Note: Many stamp makers will want to see a completed oath certi icate and/ or identi ication card before issuing the seal of of ice. If you ha ve a ny questions, conta ct the Secreta r y of State s Business and Commercia l Ser vices Division a t or toll free at R wa A notary s commission is for a term of ten (10) years. An application for renewal may be submitted no earlier than sixty (60) days before the expiration date of the current commission. A notary may renew their commission by following the same seven steps listed above, but by submitting an application for renewal in lieu of a new or irst time application. A new bond will need to be secured and submitted with a new application and application fee. If a notary has been issued a commission number, this number needs to be listed on the renewal application. C ng n P n inf m t n If a notary changes his or her name or address that is on ile with the Secretary of State, the notary must notify the Secretary of State in writing of these changes within thirty (30) days of the change. A change of personal information form is available from the Secretary of State s Business and Commercial Services Division website through a web portal at c..ar a a. and may be submitted in person or by mail. C ng t n m Along with the change of personal information form, the notary will need to submit a certi ied copy of a marriage license, divorce decree or court document concerning a legal name change. A certi ied copy will include an of icial seal of the county, many times this is a raised or embossed seal, and will have an original signature of the authorizing county of icial. A plain photocopy of the legal document is not suf icient. The Secretary of State s Of ice will issue a new identi ication card to the notary, re lecting the change in the notary s name. The notary must purchase a new seal of of ice that re lects the new name. 4

10 C ng f If the change of residential address occurs within the same county that the notary is commissioned, the change of personal information form which states the old address and new address is all that will need to be submitted. Notaries who move from one county to another within Arkansas must submit a change of personal information form and have their commission transferred to the new county of residence. Ar a a ar w a Arkansas notaries who live out of state but have a notary commission based upon their employer s information must submit a change of personal information form and have their commission transferred to the new county of employment in Arkansas. An Arkansas notary commission for an out of state resident is only valid as long as they maintain employment in Arkansas. ACA (B) C a c After the notary noti ies the Secretary of State that their county of commission has changed, they will need to notify the circuit clerk in their previous county of commission. The Secretary of State s Of ice will issue a certi icate verifying the change of the notary s county of commission. The notary must present this certi icate to the circuit clerk in the original county of commission. The circuit clerk will return the notary s original bond certi icate. The notary must then ile the original bond or certi ied copy of the original bond with the circuit clerk in the new county of commission. The Secretary of State s Of ice will issue a new identi ication card to the notary, re lecting the change in county of commission. The notary must purchase a new seal of of ice that re lects the new county of commission. 5

11 s a c n ar s pp Each notary public must have a seal of of ice, which can be either a rubber stamp or a metal embosser. The seal Mu st be in blue or black ink and include the following information: The notary public s of icial name as written in his/ her of icial signature. The notary s county of commission the county where his/ her bond is iled. The words Notary Public and Arkansas. Notary public s commission expiration date. Notary public s commission number. Note: Notaries commissioned before January 1, 2006, may not have a commission number. After a commission number has been issued, it must be included on the notary s of icial seal of of ice. The seal of of ice may No T include: Great Seal of the State of Arkansas Outline of the State of Arkansas The notary seal must be clear and legible, and capable of photographic reproduction. When using an embosser, you must use blue or black ink with the embosser to ensure it can be photocopied. When notarizing a document, the notary public must sign his or her of icial signature on every notary certi icate, in blue or black ink, and af ix his or her seal under or near his or her signature in blue or black ink. When a notary obtains a new seal of of ice due to a change in personal information, or if a notary resigns a commission before its expiration date, the notary should immediately destroy the previous seal of of ice. An employer may pay for an employee s notary commission, seal and bond, but the employer may not revoke the commission, even if the notary leaves employment. The notary commission is issued to the individual and remains valid until its expiration date or until resigned by that individual. 6

12 f ac a r The notary may use a facsimile signature and seal, such as a stamp or engraved reproduction, in blue or black ink, in lieu of the manual signature and rubber or embossed seal on commercial documents, except on deeds or other documents for conveying real estate. If a facsimile signature or seal is to be used, the notary must irst ile with the Secretary of State s of ice his or her manual signature, a description of the type of commercial documents to be notarized, and the name, manual signature, and written consent of any other persons signing the commercial documents (See A.C.A in the back of this book). N t g t j n A register or journal offers an excellent way of recalling past notarial acts. If a notary is called upon to testify in court, a register or journal may help establish what actually took place. The notary s records and of icial papers are admissible as evidence in all Arkansas courts (See A.C.A in the back of this book). Suggested Format: 1. Date of notarial act. 2. Type of act performed. 3. Type of document involved. 4. Name and address of each person whose signature was notarized. 5. Signature of each person whose signature was notarized. 6. A notes section of personal annotations. 7. Itemized list of fees collected. The notary s greatest responsibility is to be certain of the identity of each person whose signature he or she will notarize. It is advised to require some form of photographic identi ication, unless the notary personally recognizes the person whose signature is to be notarized. The law does not require a notary to keep any record of his or her of icial acts, but it is recommended that each notary keep a register or journal. 7

13 P w r a d D Under Arkansas law, a notary has the power to perform the following basic notarial acts: 1. Swearing witnesses. 2. Taking af idavits. 3. Administer oaths. 4. Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure. 5. Taking acknowledgements of deeds and other instruments in writing and authorized by law to be acknowledged. A notary s jurisdiction extends to any part of the state of Arkansas during his or her 10-year term and is not limited to the notary s county of commission. However, Arkansas notaries may not notarize documents in another state under their Arkansas seal of of ice. n ar a Ac o t An oath is a formal statement by which a person appearing before a notary swears (or af irms): 1. That the statement or group of statements is the truth; or 2. That the testimony he or she will give will be the truth; or 3. That he or she will faithfully perform the duties of a corporate of ice. 8

14 Sample oath to administer to corporate of icials: State of Arkansas County of I,, hereby enter into the position of on behalf of corporation. I af irm that I will ful ill these duties to the best of my ability and perform in accordance with the law and in the best interest of the corporation. Signature of Person Taking the Oath Signature of Notary [Seal of Of ice] Ac w d An acknowledgment is a formal statement by a person that a document is his or her own act. The act of the notary who takes an acknowledgment is called an acknowledgment statement. A proper certi icate of acknowledgment should include a statement of the date on which his or her commission expires. Suggested Form for Acknowledgement: State of Arkansas County of On this the day of, 20, before me, (name of notary), the undersigned notary, personally appeared (name(s) of signer(s)) known to me (or satisfactorily proven) to be the person whose name(s) is/ are subscribed to the within instrument and acknowledged that he/ she/ they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and of icial seal. Signature of Notary Public [Seal of Of ice] My Commission expires: 9

15 A da An af idavit is simply a sworn, written statement of facts to which some person (the Af iant ) swears or af irms before an of icer authorized to administer oaths. It must clearly state the name of the person swearing (or af irming) that the statements are true and complete. The notary witnesses the signature and identity of the af iant. Suggested Form for Af idavits: I, (Name of Af iant) being duly sworn, depose and say as follows: 1. Written statement. 2. Written statement. 3. Written statement. Signature of Af iant State of Arkansas County of Acknowledged before me, this day of,. Signature of Notary Public [Seal of Of ice] My commission expires: D p Arkansas court rules require all depositions to be attested by a certi ied court reporter. If this is not done, the deposition will not be accepted by Arkansas courts. Notaries who are not court reporters should not accept depositions as an act of their notarial of ice. 10

16 A deposition is a form of oral testimony, transcribed for use in legal proceedings. A notary may have two functions in connection with depositions. First, the notary may be asked to take the witness oath to tell the truth. Second, after the deposition has been transcribed, the notary may be asked to certify that the written transcript is a complete and accurate record of what was said at the deposition. P c p A notary may certify a photocopy as being a true and perfect copy of the original document, provided the document is not a vital record or a public record. Examples of Vital Records: Birth certi icates Death certi icates Examples of Public Records: Marriage license Divorce decree Court order A notary may No T certify a photocopy of any vital record or public record. t ar p r p c p, r a c p r r. t ar a p a c p r r r r c rd a r a c r a a c r d d c a a r d. 11

17 Sample wording for certifying photocopies: State of Arkansas County of I, _[Name of Notary], certify this is a true and perfect copy of the original document [insert type of document] presented to me on this day of, 20. Notary s Signature [ Seal of Of ice] My commission expires: n ar P c In 2005, the Arkansas General Assembly adopted legislation regarding notaries who advertise as notario, notario publico, or other similar terms. Those notaries are required to include in the advertisement the following notice in both English and Spanish: i a a c d a r a d ca a pr ac c aw. i a a r pr a a r a a c w a r r ra r c z p a d i ca r a ad c r r a a c r ard ra. (See A.C.A et seq., included in the notary law at the back of this book.) n ar a Ac r a C r p ra : A corporate employee may notarize documents to which his/ her employer is a party, as long as he/ she is not personally involved or acting as a representative of the corporation. However, if the notary is personally involved or acting as a representative of a corporation which is a party to the document, the notary may not perform any notarial acts concerning that document. 12

18 F Each notary public may charge and collect a maximum of $5 per notary signature/ seal. Notaries may also charge for actual round-trip mileage, calculated using the federal rate for mileage reimbursement, between the location of the service by the notary public and the place of residence or business of the notary public, whichever distance is less. A notary public shall not knowingly charge, demand or receive any fees not provided by law or any fees greater than provided by law, as they shall be deemed guilty of a misdemeanor. P a / R ca : A notary public violating Arkansas law in respect to witnessing signatures shall be guilty of a Class A misdemeanor, punishable by a ine of up to $1,000 or up to one (1) year in jail. In addition, his or her commission shall be revoked and he or she cannot be recommissioned for ten (10) years. A notary who violates Arkansas law as to fees charged shall also be guilty of a misdemeanor. The Secretary of State s Of ice may investigate possible violations upon a signed complaint from any person (See. A.C.A ). Any complaint regarding a notary must be made in writing to the Secretary of State at the below address. A copy of the document containing the notarization in question should be included with the written complaint. Arkansas Secretary of State Legal Division State Capitol, Suite Woodlane Street Little Rock, Arkansas The Secretary of State does not have the authority to investigate criminal matters, such as forgery or fraud. Those who wish to proceed with investigating criminal violations by a notary should contact their own attorney to pursue the matter in the judicial system. 13

19 e r r r A d A a n ar P c m a w ac w d a In an acknowledgement statement, a notary is verifying who is signing the document and when and where the signing takes place. When completing an acknowledgment statement, you must witness the signature. The rest of the certi icate states your credentials as a notary public, including your county of commission, your commission expiration date, your of icial notary signature and your seal of of ice. Exa mple: Signature you personally witness Print name of signature State of Arkansas County of On this the day of, 20, before me, (name of notary), the undersigned notary, personally appeared (name(s) of signer(s)) known to me (or satisfactorily proven) to be the person whose name(s) is/ are subscribed to the within instrument and acknowledged that he/ she/ they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and of icial seal. Signature of Notary Public J n d My commission expires: (Pr C e xp ra Da ) [Seal of Of ice] 14

20 l ng t t n t ng g The notary s signature and stamp are the inishing touches, not the complete notarization. There will always need to be a certi icate of acknowledgement that explains what happened at the time of notarization: when, where, & who. Correct: Incorrect: State of Arkansas County of Subscribed and sworn to before me on this day of, 20. J n d Signature of Notary Public [APPLICATION OF SEAL] J n d Signature of Notary Public [APPLICATION OF SEAL] It is not required that the certi icate contain the printed name of the signer, but it is advised, especially if multiple people are required to sign the same document. When the acknowledgement statement includes the name of the signer, you, as the notary, are verifying that this person personally appeared before you at the time of notarization. 15

21 Exa mple: Signature of signer #1 Signature of signer #2 State of Arkansas County of Subscribed and sworn to before me on this day of, 20 by (name of signer #1) and (name of signer #2). Signature of Notary Public J n d My commission expires: (Pr C exp ra Da ) [Seal of Of ice] If multiple people must sign the same document, but cannot both appear before the same notary at the same time, each person who signs the document will need a separate acknowledgment certi icate, with identical wording, for the notary who witnesses their individual signatures. Note: Any informa tion in the nota r y s certi icate should be completed by the nota r y before the certi ica te is signed a nd sealed by the nota r y. This prevents somebody from inserting false materia l into the certi ica te a fter it has left the nota r y s possession. 16

22 n e c r c ar za

23 e c r c n ar za W a a c r c ar p c? An electronic notary public (enotary) is a notary public commissioned by the Secretary of State who has been granted the capability of performing electronic notarial acts. W a c r c ar za? This refers to notarizing a document by means of an electronic signature using an electronic process to sign an electronic document. W N t? Electronic Notarization provides even more security to a document than a traditional notarization. Because it requires the notary to log in to a secure site, the notary s signature cannot be forged, or the seal stolen. Many electronic notary solutions involve public key infrastructure (PKI), which utilizes complex mathematical algorithms to protect from hacking. And the documents are electronically sealed so any alteration is noticeable, helping prevent fraud. h w d Ar a a? Any Arkansas notary public in good standing is eligible to apply for an electronic notary commission. All applicants for an electronic notary commission must complete enotary speci ic training through the Arkansas Secretary of State s Of ice and pass a required exam. You will ind a list of approved solution providers on the Secretary of State s website by going to the Electronic Notary link. After you have received your certi icate of electronic commission from the Secretary of State s Of ice, you may apply to the solution provider of your choice. Research the companies carefully to see which best suits your needs. Each solution provider will have individual requirements and procedures. When you have registered with a solution provider, that company will set up your electronic signature and seal. t r a d R wa The commission for electronic notarization runs concurrently with the traditional commission, expiring on the same date. Renewal of an electronic commission follows the same process as the original application: you must be a notary in good standing, apply to the Secretary of State s Of ice, complete training and an exam through the Secretary of State s Of ice, and select an electronic notary solution provider. 18

24 r f t n ng q Electronic notaries must complete training through the Secretary of State s Of ice every two (2) years to remain current on requirements, best practices and protocols. Your solution provider is aware of these requirements, and the Secretary of State s Of ice will certify completion of training to the solution provider. Beginning one month before that two-year training date, you will begin receiving noti ications from the solution provider that you must complete refresher training through the Secretary of State s Of ice. If, by one (1) month after the two-year date, a notary has not completed training, the solution provider will suspend the notary s access to the electronic system. The suspension will remain in effect until the notary has completed training. T n t j n You are encouraged to maintain a notarial journal. Some solution providers include features that automatically create a journal entry as you complete the notarial certi icate; others have optional journaling. Remember that your notary journal is admissible as evidence in Arkansas courts and can be valuable protection for you. n ar za You may charge the same fees set forth by law for any notarization: $5.00 for each certi icate and seal and for actual round-trip mileage, calculated using the federal rate for mileage reimbursement, between the location of service by the notary public and the place of residence or business of the notary public, whichever distance is less. W a pr c r c r c ar za? This will depend on the solution provider you choose. Some offer signature pads. Others are done by keyboard. Some solutions are restricted to computers, while others work across operating systems and platforms, so you can use your mobile device. Regardless of the means and solution provider you choose, remember that the client must sign the document in your presence. You must physically witness any signature before you can legally notarize it. n ar a C r ca r q r d Standard notary practices still apply to electronic notarizations. Simply adding an electronic signature to a document is not a notarization. The document must include a section stating what you are doing: a certi icate of af idavit, etc. Your solution provider may have options including prepared certi icates to add to a document for signing. 19

25 v r ca d r q r d You are also still required to verify the signer s identity. C ng f inf m t n Speci ic personal information is iled with the Secretary of State s Of ice when you are commissioned as a notary, including your name, county of commission, physical residential address and, if you re an out-of-state notary, your physical work address. If any of that information changes, you are required to notify the Secretary of State s Of ice within thirty (30) days of the change. The amendment to the notary s record is done through a web portal on the Secretary of State s Business and Commercial Services website at c..ar a a.. When you apply for an electronic commission, you must provide your primary and a secondary address. If either address changes, you must notify the Secretary of State s of ice within thirty (30) days of that change. Various solution providers will have individual requirements for updating personal information. You must complete the requirements of your solution provider as well as notifying the Secretary of State s Of ice of any changes of personal information. D a r r ca c r c c Your electronic commission is contingent upon your being a notary in good standing. If your traditional paper commission is revoked for any reason, your electronic commission will be simultaneously revoked. An application for electronic commission will be denied, or an electronic commission revoked, if the notary: 1.) Is convicted of identity theft or other electronic fraud; 2.) Is convicted of a felony; 3.) Has his or her traditional notary commission revoked; 4.) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact; 5.) Is convicted of of icial misconduct under the provisions of A.C.A ; 6.) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law; 7.) Is found by a court of this state to have engaged in the unauthorized practice of law; 20

26 8.) Is found by a court to have improperly notarized documents according to the law; or 9.) Fails to complete the requirements under A.C.A The procedures for investigation and revocation of an electronic commission are identical to the procedures of a traditional paper commission. If a notary s commission is revoked, the notary must provide to the Secretary of State s of ice the following items: The enotary s journal of notarial acts; all other papers and copies relating to the enotary s notarial acts; and the notary s of icial seal. If a notary s commission is revoked, the Secretary of State s Of ice will notify the solution provider, and the solution provider will revoke the notary s access to the electronic system. If a notary s commission is revoked, the notary may apply for a new commission after ten (10) years have passed since the revocation. g ar e c r c n ar t r App ca : a person applying to register as an Arkansas Electronic Notary Public e c r c: relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities e c r c ar : a notary public commissioned by the Secretary of State who has been granted the capability of performing electronic notarial acts e c r c R c rd: a record created, generated, sent, communicated, received, or stored by electronic means e c r c s a r : an electronic sound, symbol, or process attached to or logically associated with an electronic document and executed or adopted by a person with the intent to sign the electronic document or record s t n P : a business entity (i.e. corporation, partnership, etc.) that has submitted an application, meets standards and has been approved to offer electronic signature and electronic notarization options to duly commissioned electronic notaries 21

27 u q ar p c/ d r c r : The device or system the notary uses to sign and seal the document must be accessible only by the notary, and attributed to the speci ic notary, not any other person or entity T t n n t : a commissioned notary pursuant to A.C.A et seq G st n ng: a notary has completed all required paperwork for a traditional commission and no legal proceedings have been iled to revoke the notary s commission 22

28 Ar a a n ar l aw App a d c. (a) (1) The Secretary of State may appoint and commission an individual person as a notary public in this state. (2) Effective January 1, 2006, a notary public may perform notarial acts in any part of the state for a term of ten (10) years, beginning on the date of commission or the date of renewal of a commission issued by the Secretary of State. (b) Every applicant for appointment and commission as a notary public shall complete an application to be iled with the Secretary of State stating: (1) That he or she is: (A) Either a: (i) Bona ide citizen of the United States; or (ii) Permanent resident alien who shall ile with his or her application a recorded Declaration of Domicile; (B) A legal resident of Arkansas or an adjoining state and employed in the State of Arkansas; (C) Eighteen (18) years of age or older; and (D) Able to read and write English; (2) The address of his or her business or residence in this state; (3) That during the past ten (10) years, his or her commission as a notary public has not been revoked; and (4) That he or she has not been convicted of a felony. (c) The application shall be sent to the Secretary of State with a fee of twenty dollars ($20.00) for the notary public commission. (d) The Secretary of State may require the applicant to demonstrate that he or she has reviewed the law concerning notaries public and understands the duties of a notary public. (e) Every notary public shall ile in the of ice of the recorder of deeds for the county where the notary public resides, or in the case of a resident of an adjoining state, in the county in Arkansas where employed, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas to the state for the faithful discharge of the notary public s duties in the sum of seven thousand ive hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public s faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand ive hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: 23

29 (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation s purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; (B) Has previously deposited and thereafter maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaf iliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code. (f) (1) The obligation of an issuer of a bond required by subsection (e)of this section: (A) Shall be solely to the State of Arkansas; and (B) Is solely for the bene it of the State of Arkansas. (2) Under no circumstances shall the aggregate liability of the issuer exceed the amount of the bond. (g) (1) Every notary public shall sign the following declaration in the presence of the circuit clerk for the county where the notary public resides or if a resident of another state, the circuit clerk for the county in Arkansas where employed: I, (name of notary), solemnly swear or af irm that I have carefully read the notary laws of this state, and I will uphold the Constitutions of the United States and the State of Arkansas and will faithfully perform to the best of my ability all notarial acts in accordance with the law. (Signature of notary) Subscribed and sworn to before me (name of circuit clerk), Circuit Clerk for the County of (name of county), State of Arkansas, on this day of, (year) (Signature of circuit clerk) (2) The notary public shall send an executed and signed original of the declaration to the Secretary of State. (h) Effective January 1, 2006, the Secretary of State shall issue a commission number to each new notary public and to each notary public who renews his or her commission. History. Acts 1874, No. 17, 1, p. 61; C. & M. Dig., 7969; Pope s Dig., 10362; Acts 1981, No. 672, 1; 1985, No. 966, 1; A.S.A. 1947, ; Acts 1989, No. 304, 2; 2001, No. 1274, 1; 2005, No. 2274, 1; 2009, No. 1404, 1; 2013, No. 492, C a r d c. (a) (1) Upon receiving noti ication of a change of residency, the Secretary of State shall transfer a notary public s appointment and commission to the new county of residence in instances in which a person appointed and commissioned a notary public under changes residence to a county within this state other than the county where the notary public resided on the date of commission. 24

30 (2) Upon receiving noti ication of a change in place of employment, the Secretary of State shall transfer a notary public s appointment and commission to the new county of employment in the case of a resident of an adjoining state changing his or her place of employment to a county within this state other than the county where the notary public was employed on the date of commission. (b) The original bond or certi ied copy of the original bond from the original county of residence shall also be iled by the notary public in the new county of residence or if the notary public is a resident of an adjoining state, in the new county of employment in Arkansas. History. Acts 1983, No. 21, 1; 1985, No. 966, 2; A.S.A. 1947, ; Acts 2005, No. 2274, 1; 2013, No. 492, C a p r a r a. (a) If any notary public has a change in his or her mailing address or status in life that alters the information on record with the Secretary of State and the circuit clerk for the county where the notary public resides or, if the notary public is a resident of an adjoining state, the circuit clerk for the county in Arkansas where he or she is employed, the notary public shall be responsible for providing that change of information to the Secretary of State and the circuit clerk within thirty (30) calendar days of the change. (b) If the change in status involves a court order, the notary public shall be responsible for providing the Secretary of State with a certi ied copy of the court order within thirty (30) calendar days of the iling of the court order with the clerk. (c) If the notary public marries and the notary public s name changes, a certi ied copy of the marriage certi icate shall be delivered to the of ice of the Secretary of State and the circuit clerk for the county where the notary public resides or if the notary public is a resident of an adjoining state, the circuit clerk for the county in Arkansas where he or she is employed. History. Rev. Stat., ch. 104, 6; C. & M. Dig., 7975; Pope s Dig., 10368; A.S.A. 1947, ; Acts 2001, No. 1274, 2; 2005, No. 2274, P w r a d a r ra. The power and authority of a notary public shall be coextensive with the state for: (1) Swearing witnesses; (2) Taking af idavits; (3) Taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure; and (4) Taking acknowledgments of deeds and other instruments in writing and authorized by law to be acknowledged. History. Acts 1901, No. 82, 1, p. 148; 1905, No. 269, 1, p. 687; C. & M. Dig., 7970a; Pope s Dig., 10363; A.S.A. 1947, ; Acts 2013, No. 492, 3. 25

31 Ad r a a. Each notary public shall have power to administer oaths in all matters incident to or belonging to the exercise of his or her notarial of ice. History. Rev. Stat., ch. 104, 3; C. & M. Dig., 7970; Pope s Dig., 10363; A.S.A. 1947, Ac w d a d a ca. (a) A notary public may: (1) Take the proof or the acknowledgment of all instruments of writing relating to commerce and navigation; (2) Receive and authenticate acknowledgments of deeds, letters of attorney, and other instruments of writing; (3) Make declarations and protests; and (4) Certify under his or her of icial seal the truth of all matters and things done by virtue of his or her of ice. (b) A notary public may supervise the making of a photocopy of an original document and attest that the document is a copy if the document is not: (1) A vital record in this state, another state, a territory of the United States, or another country; or (2) A public record, if a copy can be made by the custodian of the public record. History. Rev. Stat., ch. 104, 4; C. & M. Dig., 7973; Pope s Dig., 10366; A.S.A. 1947, ; Acts 2001, No. 1274, 3; 2005, No. 2274, s a r s a. (a) (1) At the time of notarization, the notary public shall sign his or her of icial signature in blue or black ink on every notary certi icate. (2) The of icial signature shall be the signature on ile with the Secretary of State at the time of signing. (b) (1) Under or near a notary public s of icial signature on every notary certi icate, the notary public shall provide a seal of his or her of ice in blue or black ink, which shall be either a rubber stamp seal or a seal embosser. The seal shall be clear and legible and capable of photographic reproduction. (2) The seal shall include: (A) The notary public s name exactly as he or she writes his or her of icial signature; (B) The name of the county where the notary public s bond is iled; (C) The words notary public and Arkansas ; (D) The date upon which the notary public s commission expires; and (E) The notary public s commission number issued by the Secretary of State if the notary public has been issued a commission number. 26

32 (c) A notary seal shall not include the Seal of the State of Arkansas or an outline of the state. (d) The seal and certi icate of the notary public commission are the exclusive property of the notary public and must be kept in the exclusive control of the notary public. (e) The seal and certi icate of the notary public commission shall not be surrendered to an employer upon termination of employment, regardless of whether or not the employer paid for the seal or for the commission. History. Rev. Stat., ch. 104, 7; C. & M. Dig., 7976; Pope s Dig., 10369; Acts 1981, No. 672, 2; A.S.A. 1947, ; Acts 2001, No. 1274, 4; 2005, No. 1962, 104; 2005, No. 2274, 2; 2013, No. 492, e xp ra da c. (a) (1) Every notary public shall attach to any certi icate of acknowledgment or jurat to an af idavit that he or she may make a statement of the date on which his or her commission will expire. (2) No acknowledgment or other act of a notary public shall be held invalid on account of the failure to comply with this section. (b) No notary public shall perform any of icial act after the expiration of his or her commission as evidenced by his or her certi icate. (c) Sixty (60) calendar days prior to the expiration of a notary public s commission, he or she shall submit to the Secretary of State a new application along with the fee of twenty dollars ($20.00) for the renewal of the commission. (d) Every notary public shall ile in the of ice of the recorder of deeds for the county where the notary public resides or if the notary public is a resident of an adjoining state, in the of ice of the recorder of deeds for the county in Arkansas where employed, either: (1) A surety bond executed by a surety insurer authorized to do business in Arkansas for the faithful discharge of the notary public s duties in the sum of seven thousand ive hundred dollars ($7,500), to be approved by the Secretary of State; or (2) A surety contract guaranteeing the notary public s faithful discharge of his or her duties executed to the State of Arkansas for not more than an aggregate seven thousand ive hundred dollars ($7,500), issued by a general business corporation validly organized and formed under the laws of this state pertaining to domestic corporations and which: (A) Has previously registered with the Insurance Commissioner on forms prescribed by the commissioner evidencing the corporation s purpose to issue only surety contracts for notaries public pursuant to the provisions of this section; 27

33 (B) Has deposited and maintains with the commissioner securities in the sum of not less than ten thousand dollars ($10,000) executed to the State of Arkansas that are issued by a nonaf iliated corporate entity and are approved by the commissioner; and (C) Is not otherwise transacting any insurance business in this state that requires compliance with the provisions of the Arkansas Insurance Code. History. Acts 1891, No. 35, 1, 2, p. 57; C. & M. Dig., 7971, 7972; Pope s Dig., 10364, 10365; A.S.A. 1947, , ; Acts 2001, No. 1274, 5; 2005, No. 2274, 2, Act 570 of P r r a c d r c r p ra. (a) It shall be lawful for any notary public who is a stockholder, director, of icer, or employee of a bank or other corporation to take the acknowledgment of any party to any written instrument executed to or by the corporation, or to administer an oath to any other stockholder, director, of icer, employee, or agent of the corporation, or to protest for nonacceptance or nonpayment bills of exchange, drafts, checks, notes, and other negotiable instruments which may be owned or held for collection by the corporation. (b) It shall be unlawful for any notary public to take the acknowledgment of an instrument executed by or to a bank or other corporation of which he or she is a stockholder, director, of icer, or employee where the notary public is a party to the instrument, either individually or as a representative of the corporation, or to protest any negotiable instrument owned or held for collection by the corporation, where the notary public is individually a party to the instrument. History. Acts 1953, No. 331, 1; A.S.A. 1947, Ad ac w d d r. All declarations and protests made and acknowledgments taken by a notary public and certi ied copies of the notary public s records and of icial papers shall be received as evidence of the facts therein stated in all the courts of this state. History. Rev. Stat., ch. 104, 8; C. & M. Dig., 7977; Pope s Dig., 10370; A.S.A. 1947, u aw ac P a. (a) It is unlawful for any notary public to witness any signature on any instrument unless the notary public either: (1) Witnesses the signing of the instrument and personally knows the signer or is presented proof of the identity of the signer; or (2) Recognizes the signature of the signer by virtue of familiarity with the signature. (b) Any notary public violating this section shall be guilty of a Class A misdemeanor. (c) For purposes of this section, personally knows means having an acquaintance, derived from association with the individual, which establishes the individual s identity with at least a reasonable certainty. History. Acts 1989, No. 304, 3; 2001, No. 1274, 6. 28

34 D a r r ca ar p c c. (a) The Secretary of State may deny the application of any person for appointment or reappointment or revoke the commission of any notary public during the notary public s term of appointment if the notary public: (1) Submits an application for commission and appointment that contains substantial and material misstatement or omission of fact; (2) Is convicted of of icial misconduct under the provisions of ; (3) Knowingly uses false or misleading advertising in which the notary public represents that the notary public has powers, duties, rights, or privileges that the notary public does not possess by law; (4) Is found by a court of this state to have engaged in the unauthorized practice of law; (5) Is found by a court to have improperly notarized documents according to the law; (6) Is found by a court to have charged fees higher than allowed under ; or (7) Fails to complete the requirements under (b) The Secretary of State may investigate a possible violation of this section upon a signed complaint from any person. (c) After a notary public receives notice from the Secretary of State that the notary public s commission has been revoked, unless the revocation has been enjoined the notary public shall immediately send or have delivered to the Secretary of State: (1) The notary public s journal of notarial acts; (2) All other papers and copies relating to the notary public s notarial acts; and (3) The notary public s of icial seal. (d) A person whose notary public commission has been revoked pursuant to the provisions of this section may subsequently apply for commission and appointment as a notary public after ten (10) years have elapsed from the date of the revocation. History. Acts 1999, No. 1187, 1; 2005, No. 2274, 3; 2013, No. 492, n c r ca App a. (a) If the Secretary of State revokes a notary public commission, he or she shall serve the notary public with written notice that explains the reason or reasons for the revocation. (b) (1) The notary public may appeal the revocation to the Pulaski County Circuit Court within thirty (30) days after service of the notice of revocation is perfected. (2) The notary public shall appeal by petitioning the court to set aside the revocation and attaching to the petition copies of the Secretary of State s Certi icate of Revocation and the written notice of revocation. 29

35 (c) The court may summarily order the Secretary of State to reinstate the notary public or take other action the court considers appropriate. (d) The court s inal decision may be appealed as in other civil proceedings. History. Acts 1999, No. 1187, R a d r a. The Secretary of State may promulgate rules and regulations necessary to administer this chapter. History. Acts 2005, No. 2274, D. As used in this subchapter: (1) Facsimile signature means the reproduction by engraving, imprinting, stamping, or other means of a manual signature of a notary public; (2) Facsimile seal means the reproduction by engraving, imprinting, stamping, or other means of the seal of of ice of a notary public, containing the information described in (b)(2); and (3) (A) Commercial document means any instrument, certi icate, report, billing, af idavit, or other document which is required to bear a notary certi icate by the terms of a purchase order, contract, bid speci ication, construction standard, testing standard, or other commercial standard, speci ication, or practice. (B) The term commercial document shall not include any deed or other instrument in writing for the conveyance of any real estate or by which any real estate may be affected in law or equity. History. Acts 1995, No. 200, u ac a r a d a a r z d f r q r d. Any notary public may af ix a notary certi icate bearing the notary public s facsimile signature and facsimile seal in lieu of the notary public s manual signature and rubber or embossed seal in blue or black ink on a commercial document, after iling with the Secretary of State: (1) The notary public s manual signature certi ied by the notary public under oath; (2) A general description of the types of commercial documents to be notarized by facsimile signature and seal; 30

36 (3) The name and manual signature of any other person or persons signing the commercial documents by manual or facsimile signature; and (4) The written consent of any other person or persons signing the commercial documents to the use of the notary public s facsimile signature and facsimile seal on the commercial documents. History. Acts 1995, No. 200, 1; 2013, No. 492, e xp ra a d r a. (a) Any iling by a notary public with the Secretary of State under the terms of this subchapter shall remain in effect until the earlier of: (1) The date on which the notary public s commission in effect on the date of iling expires; (2) The iling is cancelled by the notary public by subsequent written iling with the Secretary of State; or (3) The iling is cancelled pursuant to (b) (1) A notary public shall send a signed letter of resignation to the Secretary of State and shall return his or her certi icate of notary public commission when the notary public: (A) Wishes to resign his or her commission; (B) Does not maintain legal residence or employment in this state during the entire term of appointment; or (C) Is required to resign pursuant to a court order of this state or any other state. (2) The resigning notary public shall destroy his or her of icial seal immediately upon resignation. History. Acts 1995, No. 200, 1; 2001, No. 1274, D ar p c. A notary public shall have the same duties when af ixing a notary certi icate with the notary public s facsimile signature and facsimile seal on a commercial document as when signing a notary certi icate with the notary public s manual signature and rubber or embossed seal, and nothing in this subchapter shall remove any duty or responsibility imposed on a notary public by law, except as speci ically provided in this subchapter. History. Acts 1995, No. 200, f r c a d c Notary certi icates which are signed by facsimile signature and sealed by facsimile seal under the provisions of this subchapter shall have the same force and effect as notary certi icates signed by manual signature and bearing a rubber or embossed seal for all purposes. History. Acts 1995, No. 200, 1. 31

37 n ar p c. (a) Each notary public in this state may charge and collect the following fees: (1) For protest and record of same... $ 5.00 (2) For each notice of protest... $ 5.00 (3) For each certi icate and seal... $ 5.00; and (4) For actual round-tr ip mileage, calculated using the federal rate for mileage reimbur sement, between the location of ser vice by the notar y public and the place of residence or business of the notar y public, whichever distance is less. (b) (1) Any notary public who shall knowingly charge, demand, or receive any fees not provided by law, or who shall charge, demand, or receive any greater fees than are provided in this section shall be deemed guilty of a misdemeanor. (2) Upon conviction, he or she shall be ined in any sum not less than one hundred dollars ($100) for each and every offense. History. Acts 1923, No. 142, 1, 2; Pope s Dig., 5685, 5686; Acts 1969, No. 155, 1; A.S.A. 1947, , ; Acts 1989, No. 304, 1, Act 570 of D. u n ar P c As used in this chapter: (1) Notary public means a person duly appointed or commissioned under ; (2) Person means: (A) (i) An individual; (ii) An organization; (iii) An association; (iv) A partnership; (v) A limited liability company; or (vi) A corporation; or (B) Any combination of them; and (3) Practice of law means: (A) Holding oneself out to the public as being entitled to practice law; (B) Tendering or furnishing legal services or advice; (C) Furnishing attorneys or counsel; (D) Rendering legal services of any kind in actions or proceedings of any nature or in any other way or manner; (E) Acting as if or in any other manner assuming to be entitled to practice law; or 32

38 (F) Advertising or assuming the title of lawyer or attorney, attorney at law, or equivalent terms in any language in such a manner as to convey the impression that one is entitled to practice law or to furnish legal advice, service, or counsel. History. Acts 2005, No. 66, Pr d ac a d prac c. It is a violation of this chapter for any person to advertise his or her services using the terms notario or notario publico, or any similar term, unless the person is a notary public as de ined in this subchapter and the person complies with the notice requirements in History. Acts 2005, No. 66, n c r q r d. (a) Any notary public who chooses to use the term notario or notario publico, or any similar terms, in any advertisement shall include in the advertisement the following notice: I AM NOT A LICENSED ATTORNEY AND CANNOT ENGAGE IN THE PRACTICE OF LAW. I AM NOT A REPRESENTATIVE OF ANY GOVERNMENTAL AGENCY WITH AUTHORITY OVER IMMIGRATION OR CITIZENSHIP AND I CANNOT OFFER LEGAL ADVICE OR OTHER ASSISTANCE REGARDING IMMIGRATION. (b) The notice shall be provided in both English and Spanish. History. Acts 2005, No. 66, e xc p. This chapter does not apply to an attorney licensed in this state. History. Acts 2005, No. 66, e rc. A violation of this chapter is an unconscionable or deceptive act or practice, as de ined by the Deceptive Trade Practices Act, et seq. History. Acts 2005, No. 66, 1. 33

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